The Business and Human Rights Landscapeassets.cambridge.org/97811070/95526/frontmatter/... · The Business and Human Rights Landscape The adoption of the United Nations Guiding Principles

The Business and Human Rights Landscape

The adoption of the United Nations Guiding Principles on Business and Human Rights in 2011 marked a watershed moment, establishing the fi rst global standards for preventing human rights abuses by business. In light of this paradigm shift, The Business and Human Rights Landscape offers the most comprehensive analysis to date of the current legal framework. Its essential research tools include in-depth explorations of the UN Guiding Principles from both theoretical and practical standpoints, with case studies of the Rana Plaza building collapse and Kenyan resource extraction. Bookending current analyses are accounts of business and human rights from a historical perspective (discussing the colonial slave trade) and a forward-looking lens (analyzing labor’s role). Bringing together scholars from across the globe, this book represents essential reading for anyone interested in the past, present, or future of business and human rights.

Jena Martin is Professor of Law at West Virginia University College of Law. Her scholarship examines accountability and governance mechanisms for transnational corporations. She has been an invited speaker at several conferences where she discusses issues of ethics, corporate accountability, and human rights; she was an invited panelist at the 2013 UN Forum for Business and Human Rights. Prior to academia, Professor Martin practiced for a number of years: fi rst at a litigation fi rm, then at the U.S. Securities & Exchange Commission (Enforcement). Professor Martin has also consulted for Bloomberg L.P and done pro bono work for the RFK Memorial, Center for Human Rights. She is a graduate of McGill University, Howard University School of Law, and an LLM graduate of the University of Texas Law School.

Karen E. Bravo is Professor of Law at the Indiana University School of Law. Her research and scholarship focuses on human traffi cking and slavery, regional integration and sovereignty, and the intersection of illicit and licit markets. She teaches business organizations and public and private international law courses, including Illicit International Markets (concerning the traffi c in people, money, and drugs). Professor Bravo practiced corporate law with international law fi rms in New York and Massachusetts before joining the American Bar Association Central European and Eurasian Law Initiative (ABA/CEELI) in the Republic of Armenia. Professor Bravo is a graduate of the University of the West Indies, Columbia University School of Law, and New York University School of Law.

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Cambridge University Press978-1-107-09552-6 - The Business and Human Rights Landscape: Moving Forward, Looking BackEdited by Jena Martin and Karen E. BravoFrontmatterMore information

http://www.cambridge.org/9781107095526

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The Business and Human Rights Landscape

Moving Forward, Looking Back

Edited by

JENA MARTIN West Virginia University College of Law

KAREN E. BRAVO Indiana University School of Law






32 Avenue of the Americas, New York, NY 10013-2473, USA

Cambridge University Press is part of the University of Cambridge. It furthers the University’s mission by disseminating knowledge in the pursuit of education, learning, and research at the highest international levels of excellence.

www.cambridge.org Information on this title: www.cambridge.org/9781107479371 © Cambridge University Press 2016

This publication is in copyright. Subject to statutory exception and to the provisions of relevant collective licensing agreements, no reproduction of any part may take place without the written permission of Cambridge University Press. First published 2016 A catalog record for this publication is available from the British Library. Library of Congress Cataloging in Publication Data The business and human rights landscape : moving forward, looking back / edited by Jena Martin, Karen E. Bravo. pages cm Includes bibliographical references and index. ISBN 978-1-107-09552-6 (hardback) – ISBN 978-1-107-47937-1 (paperback) 1. Business enterprises – Social aspects. 2. Human rights. 3. Business enterprises – Law and legislation. 4. Social responsibility of business. I. Martin, Jena, 1973– editor. II. Bravo, Karen E., 1964– editor. HD 2731. B 87 2015 323–dc23 2015020655

ISBN 978-1-107-09552-6 Hardback ISBN 978-1-107-47937-1 Paperback

Cambridge University Press has no responsibility for the persistence or accuracy of URL s for external or third-party Internet Web sites referred to in this publication and does not guarantee that any content on such Web sites is, or will remain, accurate or appropriate.






Professor Martin: “To my mom, for showing me goodness personifi ed”

Professor Bravo: “To the Bravos and the Bravo McIntoshes,

who hold my heart”











vii

Contents

Notes on Contributors page xi

Acknowledgments xxi

Introduction: More of the Same? Or Introduction of a New Paradigm? 1

Part I Looking Back: The Historical Context of Business and Human Rights

1 The Enterprise of Empire: Evolving Understandings of Corporate Identity and Responsibility 19 Erika R. George

2 The Arab League Boycott of Israel: Warring Histories, International Trade, and Human Rights 51 James J. Friedberg

3 Multi-Stakeholder Initiatives and the Evolution of the Business and Human Rights Discourse: Lessons from the Kimberley Process and Confl ict Diamonds 75 Atabongawung Tamo

4 Business and Human Rights after Ruggie’s Mandate: Feasible Next Steps 106 Alexandra Popova






Contentsviii

Part II The Framework: Examining the Relevant Principles That Underlie a Business and Human Rights Agenda

5 Business, Respect, and Human Rights 145 George G. Brenkert

6 Global Need: Rethinking Business Norms 175 Patricia Illingworth

7 Corporate Accountability for Human Rights: From a Top-Down to a Bottom-Up Approach 193 Jernej Letnar Černič

8 Living in a Material World – From Naming and Shaming to Knowing and Showing: Will New Disclosure Regimes Finally Drive Corporate Accountability for Human Rights? 219 Marcia L. Narine

9 Democratizing the Global Business and Human Rights Project by Catalyzing Strategic Litigation from the Bottom Up 254 Larry Catá Backer, Nabih Haddad, Tomonori Teraoka, and Keren Wang

10 The Impact of the ‘Ruggie Framework’ and the ‘United Nations Guiding Principles on Business and Human Rights’ on Transnational Human Rights Litigation 288 Astrid Sanders

11 The Third Pillar: Remedies, Reparations, and the Ruggie Principles 316 Jonathan Drimmer and Lisa J. Laplante

12 The Evolving Business and Society Landscape: Can Human Rights Make a Difference? 348 Michael Addo and Jena Martin

Part III Moving Forward: Implementing a Business and Human Rights Agenda

13 From Principles to Practice: Implementing Corporate Responsibility for Human Rights 387 Justine Nolan

14 Business, Human Rights, and Due Diligence: An Approach for Contractual Integration 414 Blair E. Kanis






Contents ix

15 Corporate Codes of Conduct and Working Conditions in the Global Supply Chain: Accountability through Transparency in Private Ordering 432 Meredith R. Miller

16 Transnational Businesses, the Right to Safe Working Conditions, and the Rana Plaza Building Collapse: Toward a Tort-Based Solution to the Global Race to the Bottom 468 Ashton S. Phillips

17 The United Nations Guiding Principles on Business and Human Rights in the European Union: From Regional Action to National Implementation 498 Humberto Cantú Rivera

18 China’s Corporate Social Responsibility with National Characteristics: Coherence and Dissonance with the Global Business and Human Rights Project 530 Larry Catá Backer

19 Avoiding the Resource Curse: Applying the Guiding Principles in Kenya 559 Nyakundi M. Michieka and Dustin Blankenship

20 Business and Human Rights: A Call for Labor Liberalization 574 Karen E. Bravo

Index 591











xi

Notes on Contributors

Michael Addo is Senior Lecturer at the University of Exeter. He researches and teaches international human rights law with a particular interest in the broad area of evidence-based human rights law. His work on The Legal Nature of International Human Rights Law (2010) is in this tradition and so also is his work on human rights and transnational corporations. In 2011, Dr. Addo was appointed by the United Nations Human Rights Council to join its Working Group on Business and Human Rights to advise and promote the implementation of the United Nations Guiding Principles on Business and Human Rights. Dr. Addo has acted as consultant or resource person for a variety of institutions including the UN Offi ce of the High Commissioner for Human Rights and the International Commission of Jurist. He has also lectured at leading institutions including the International Institute of Human Rights (Strasbourg) and Universities of Milan, Padova, Zurich, Connecticut, and Paris XI. Dr. Addo is currently Director of Postgraduate Studies and Director of the LLM in International and Comparative Public Law.

Larry Catá Backer is Executive Director of the Coalition for Peace & Ethics. He is the W. Richard and Mary Eshelman Faculty Scholar and Professor of Law & International Affairs at the Pennsylvania State University (BA Brandeis University; MPP Harvard University Kennedy School of Government; JD Columbia University). He is the founder and director of the Coalition for Peace & Ethics, and was a visiting professor at the University of California, Hastings College of the Law (1998) and Tulane Law School (2007–08). His research focuses on governance-related issues of globalization and the constitutional theories of public and private governance, with a focus on institutional frameworks where public and private law systems converge. He is particularly interested in issues of corporate social responsibility, the relationship between state-based regulation and transnational systems of “soft” regulation, state participation in private markets, and the emerging problems of polycentricity where multiple systems might be simultaneously applied to a single






Notes on Contributorsxii

issue or event. His books include Law and Religion: Cases, Materials, and Readings (2015); Comparative Corporate Law: United States, European Union, China and Japan (2002); Lawyers Making Meaning: The Semiotics of Law in Legal Education (2013); Signs in Law, a Source Book – the Semiotics of Law in Legal Education III (2014); and (as an editor) Harmonizing Law in an Era of Globalization: Convergence, Divergence and Resistance (2007).

Dustin Blankenship received his JD from West Virginia University College of Law in 2014, where he was recognized as the 2013 Culture of Excellence Exemplary Student Award recipient, and his BA in History from Concord University. Blankenship received his MPA from West Virginia University in May 2015. He practiced immigration law with the WVU Immigration Law Clinic (ILC) in 2013–14 and assisted with the planning of the UN Business and Human Rights Conference at WVU. Blankenship serves as National Vice President for Phi Sigma Phi National Fraternity, Inc., and is the Vice Leadership Seminar Chair for the West Virginia Hugh O’Brian Youth Leadership Foundation (WVHOBY). He has authored publications concerning the H2B worker visa, the immigration status of Justin Bieber, and multiple immigration law articles through the ILC blog.

Karen E. Bravo , BA, JD, LLM, teaches business organizations and public and private international law courses, including Illicit International Markets (concerning the traffi c in people, money, and drugs), at the Indiana University Robert H. McKinney School of Law. After earning her JD, she practiced corporate law with international law fi rms in New York and Massachusetts. Following her law fi rm practice, she joined the American Bar Association Central European and Eurasian Law Initiative (ABA/CEELI) in the Republic of Armenia, where she worked with domestic judiciary and advocates, as well as local and international nongovernmental organizations, on legal reform and education programs and strategies. Her published articles include “CARICOM, the Myth of Sovereignty and Aspirational Economic Integration”; “Smoke, Mirrors and the Joker in the Pack? On Transitioning to Democracy and the Rule of Law in Post-Soviet Armenia”; and “Exploring the Analogy between Modern Traffi cking in Humans and the Trans-Atlantic Slave Trade.” Her research interests include slavery, human traffi cking, regional integration, and democratization and the rule of law. Professor Bravo is a graduate of the University of the West Indies, Columbia University School of Law, and New York University School of Law.

George G. Brenkert , PhD, is Professor Emeritus of Business Ethics at the McDonough School of Business of Georgetown University. He is former president of the Society for Business Ethics and past editor-in-chief of Business Ethics Quarterly . He serves on the editorial review boards of Business Ethics Quarterly, Business and






Notes on Contributors xiii

Society Review , and Business Ethics: A European Review . He received his doctorate from the University of Michigan. He has published Marketing Ethics (2008) and is a coeditor of The Oxford Handbook of Business Ethics . He has also published Political Freedom (1991) and Corporate Integrity and Accountability (2005). He has published numerous articles pertaining to business ethics and corporate social responsibility. He is a cofounder of the Trans-Atlantic Business Ethics Conference, a group of business ethicists from both sides of the Atlantic that meets biannually, and a co-organizer of the Capitol Area Business Ethics Network, an association of ethics offi cers from profi t and nonprofi t organizations in the Washington, DC area.

Jernej Letnar C ̌ ernic ̌ is Assistant Professor of Human Rights Law at the Graduate School of Government and European Studies. He also holds a Diploma in Human Rights Law from the European University Institute and Diplome de droit international et de Droit compare des Droits de l’Homme (merit) from René Cassin Institut International des droits de l’homme. He completed his PhD in Human Rights Law in 2009 at the University of Aberdeen. Jernej has written extensively on human rights law and international law in Sweden and has been active in civil society in Slovenia and worldwide.

Jonathan Drimmer is Vice President and Deputy General Counsel at Barrick Gold Corporation, where he helps oversee the company’s global business and human rights program, as well as its global anticorruption program, global investigation group, entity-level litigation and disputes, and other matters. He also has taught for fi fteen years courses related to business and human rights at Georgetown University Law Center. Before Barrick, he was a partner at Steptoe & Johnson LLP, in Washington, DC, and Deputy Director in the U.S. Justice Department’s Offi ce of Special Investigations, where he investigated and prosecuted cases involving suspected war criminals. He is on the board of directors of Trace International and serves on UN Global Compact working groups related to human rights, security, and supply chain. Among his awards and recognitions are the Charles Fahy Award for teaching at Georgetown and the fi rst-ever U.S. Department of Justice Assistant Attorney General Award for Human Rights Law Enforcement. In July 2014, he was recognized by the Ethisphere Magazine as one of the world’s leading attorneys in ethics & compliance, and in 2013 he was named by The Law 500 one of the 100 most infl uential in-house counsel in the United States. He graduated from Stanford University and UCLA Law School .

James J. Friedberg has taught international law, international human rights, comparative law, immigration law, and related subjects at West Virginia University College of Law for more than thirty years. He has also been a visiting professor or scholar at the Universities of Cambridge, Pittsburgh, Hawaii, Seville, and






Notes on Contributorsxiv

Guanajuato. As a Fulbright Scholar in 2002, he lectured on human rights at Cyril and Methodius University, Skopje, Macedonia. Most recently he has been a visiting Fellow at Hebrew University with the Truman Institute for the Advancement of Peace. His recent publications have focused on democratic transition and human rights. He is a 1975 graduate of the Harvard Law School.

Erika R. George is Professor of Law at the University of Utah’s S.J. Quinney College of Law where she teaches constitutional law, international human rights law, international environmental law, civil procedure, and seminar courses on corporate citizenship and human rights. She earned her BA (with honors) and an MA in International Relations from the University of Chicago, and her JD from Harvard Law School, where she served as articles editor of the Harvard Civil Rights–Civil Liberties Law Review . Her scholarship has appeared in the California Law Review , the Michigan Journal of International Law , the New York University Journal of International Law and Policy , and the annual proceedings of the American Society of International Law. Her current research explores the evolution of soft law and the responsibilities of multinational corporations to respect international human rights and various efforts to hold corporations accountable for alleged rights violations. She is the author of Incorporating Rights .

Nabih Haddad is a current doctoral student in the Higher, Adult, and Lifelong Education (HALE) program at Michigan State University’s College of Education. His research relates to governance and policy, globalization of higher education, and philanthropy and higher education. Nabih holds a bachelor’s degree in political science, with a minor in psychology, from Wayne State University. He earned his master’s degree in International Affairs from the School of International Affairs at The Pennsylvania State University.

Patricia Illingworth , JD, PhD, is a professor in the Department of Philosophy and Religion and in the College of Business Administration, as well as Lecturer in Law, at Northeastern University. She teaches courses in global justice, business ethics, bioethics, and health policy and law. She has served on the Human Rights Committee of the Massachusetts Mental Health Center and the Ethics Committee of the Mount Auburn Hospital, both affi liated with Harvard Medical School. She has held fellowships at both Harvard Medical School and Harvard Law School. Professor Illingworth has published widely in scholarly journals on professional ethics, the ethics of managed care, and other issues that overlap business and medical ethics. In addition, she has written three books: AIDS and the Good Society (1991), Trusting Medicine: The Ethics of Managed Care (2005), and Us Before Me (2012). Most recently her research on ethics and philanthropy appears in her coedited volume, Giving Well: The Ethics of Philanthropy (2012)






Notes on Contributors xv

Blair E. Kanis is an attorney in the litigation group of Kutak Rock LLP’s Denver offi ce. She represents both plaintiffs and defendants in complex business litigation, with a focus on intellectual property disputes, and also has experience advising and representing corporate clients on employment, health care, and regulatory matters. In addition to her litigation practice, Kanis also has academic and practical experience in the area of corporate social responsibility (CSR). Through her past work with the Denver-based think tank organization, NomoGaia, Kanis has contributed to the international dialogue on issues of business and human rights, including through development of corporate human rights due diligence policies and procedures. She also has participated in the implementation of human rights due diligence methodologies in case studies with companies across a broad range of industries, including agriculture, fi sheries, manufacturing, and oil and gas. Kanis is also an adjunct professor at the University of Denver Sturm College of Law where she has taught a class on litigating human rights in U.S. courts under the Alien Tort Statute.

Lisa J. Laplante is an associate professor at New England Law|Boston where she also directs the Center for International Law and Policy (CILP). Previously, Laplante was Interim Director of the Thomas J. Dodd Research Center at the University of Connecticut, a visiting professor at UConn Law School, and a member of the Institute for Advanced Study (IA) at Princeton University. She earned her JD from New York University School of Law where she was a Root-Tilden-Kern Public Interest Scholar. Following graduation she was a Furman Fellow with Lawyers Committee for Human Rights (now Human Rights First) where she fi rst began to work on the theme of business and human rights. She then participated in Peru’s transitional justice experience in various capacities for six years, beginning as a researcher with the Truth and Reconciliation Commission (TRC). Lisa also cofounded the Praxis Institute for Social Justice, where she served as deputy director. For the past decade she has assisted victims groups seeking reparations and has assisted with litigation before the Inter-American Human Rights System. She has published extensively on the topic of remedies and reparations in top journals.

Jena Martin is Professor of Law and Associate Dean for Innovation and Globalization at West Virginia University. Her research and scholarship is focuses on examining human rights accountability and governance mechanisms for transnational corporations using methodologies generally reserved for more typical corporate and securities violations. Her articles include: What’s in a Name? Transnational Corporations as Bystanders under International Law ; The End of the Beginning? A Comprehensive Look at the U.N.’s Business and Human Rights Agenda from a Bystander Perspective; and Business and Human Rights: What’s the






Notes on Contributorsxvi

Board got to do with it? Professor Martin has been an invited speaker at several conferences where she discusses issues of ethics, corporate accountability, and human rights. Most recently, Professor Martin was an invited panelist at the 2013 UN Forum for Business and Human Rights in Geneva, Switzerland. Prior to academia, Prof. Martin practiced at a litigation fi rm before joining the U.S. Securities & Exchange Commission’s Division of Enforcement. Professor Martin is a 1994 graduate of McGill University, a 1997 cum laude graduate of Howard University School of Law, and a 2005 LLM graduate of the University of Texas Law School.

Nyakundi M. Michieka is Assistant Professor in the Department of Economics at California State University, Bakersfi eld. His primary research involves energy, environmental economics, regional economics, and food security. Nyakundi has presented his work at various conferences and has fi ve original research publications appearing in The Applied Energy Journal , Energy Policy Journal , The Journal of Regional Analysis and Policy , and The Journal of Food Distribution and Research . He also has published a book chapter and several working papers. Nyakundi grew up in Kenya before coming to the United States. He obtained his undergraduate degree in mechatronic engineering from Jomo Kenyatta University of Agriculture and Technology in Kenya before pursuing a master’s degree from East Stroudsburg University of Pennsylvania. He then received his PhD in natural resource and environmental economics from West Virginia University.

Meredith R. Miller joined the Touro Law Center faculty in Fall 2006 after serving for two years as an Honorable Abraham L. Freedman Fellow and Lecturer in Law at Temple University School of Law in Philadelphia. Professor Miller teaches Contracts I, Contracts II, Business Organizations I, Business Organizations II, Employment Law, and Workplace Law in Global Context. The students voted her Professor of the Year for 2008–09 and 2012–13. Professor Miller has a varied legal background. She has worked in government and public interest organizations, at a small private practice, and at a large national law fi rm. She continues to consult on a project basis with solo practitioners and small fi rms and provides representation to small businesses, freelancers, investors, and start-ups. She received her JD, cum laude, from Brooklyn Law School, where she was an executive articles and research editor of the Brooklyn Law Review , an Edward V. Sparer Public Interest Fellow, and a Richardson Merit Scholar. She earned an LLM in legal education from Temple University Law School. Professor Miller’s scholarship focuses on contract doctrine and theory, employment law, and business law.

Marcia L. Narine is an assistant professor at St. Thomas University School of Law, teaching and consulting on civil procedure, business associations, corporate






Notes on Contributors xvii

governance, compliance, corporate social responsibility, ethics, business and human rights, and employment law. There she was voted First Year Professor of the Year for the 2014–15 academic year. She has written on Dodd-Frank confl ict minerals legislation, corporate criminal liability, workplace bullying, the role of business in addressing climate change, and the effectiveness of mandatory and voluntary environmental, social, and governance disclosures. Professor Narine has served as the Vice President and Deputy General Counsel, Vice President, Global Compliance and Business Standards and Chief Privacy Offi cer of Ryder, a Fortune 500 company, overseeing the company’s global compliance, ethics, privacy, government relations, environmental, enterprise risk management, corporate responsibility, and labor and employment legal programs. Professor Narine has testifi ed before Congress on the unintended impact of Dodd-Frank on corporate compliance programs. In 2012, she was appointed by the U.S. Secretary of Labor to the Whistleblower Protection Advisory Committee, and in May 2014, she was sworn in as a commissioner on the Miami-Dade Commission on Ethics and Public Trust. Professor Narine earned her law degree, cum laude, from Harvard Law School, and her bachelor’s degree, cum laude, in political science and psychology from Columbia University.

Justine Nolan is an associate professor in the Faculty of Law at the University of NSW (Australia) and Deputy Director of the Australian Human Rights Centre. She is a visiting scholar at the NYU Stern Center for Business and Human Rights. Nolan’s research focuses on accountability for corporate violations of human rights. She has authored a number of articles in this fi eld and is a coauthor of an international human rights book, The International Law of Human Rights (2011). She teaches international human rights law and related courses on development, globalization, and business and human rights. Prior to joining UNSW in 2004, she worked as Director of the Business and Human Rights program at the Lawyers Committee for Human Rights (now Human Rights First). Nolan has advised companies, government, and nongovernmental organizations on effective strategies to protect human rights in the corporate sphere and was closely involved in the establishment of the Fair Labor Association. She has also worked in both public interest and private legal practices. She is an editor of the Australian Journal of Human Rights and the Human Rights Defender .

Ashton S. Phillips is a trial attorney at the U.S. Department of Labor, where he helps the agency enforce federal workplace safety and health statutes, including the Occupational Safety and Health Act and the Federal Mine Safety and Health Act. He is also a cum laude graduate of the George Washington University Law School, where he served as an executive editor of the George Washington International Law Review . While his professional experience informs his interest in business and






Notes on Contributorsxviii

human rights, his contribution to this volume is solely his own and does not refl ect the opinions of the U.S. Department of Labor.

Alexandra Popova is a PhD candidate in international criminal law at VU University Amsterdam and researcher at the VU’s Centre for International Criminal Justice. Her research examines aiding and abetting liability at the International Criminal Court; she has a special interest in business involvement in international crimes and gross human rights violations. Before starting her PhD, Alexandra was a legal assistant to the defense team of former Liberian president Charles Taylor at the Special Court for Sierra Leone (2010–13). She has also interned with Trial Chamber I of the International Criminal Tribunal for the former Yugoslavia (2011) and the Offi ce of the Co-Investigating Judges at the Extraordinary Chambers in the Courts of Cambodia (2013). She holds an LLM in Public International Law from Leiden University (2013).

Humberto Cantú Rivera is an Associate Researcher and JSD candidate at the Research Centre on Human Rights and Humanitarian Law (CRDH) of Université Panthéon-Assas Paris II, in France. He holds an LLM (Master 2) on Human Rights and Humanitarian Law from Université Panthéon-Assas, and an LLB (Honours) from Universidad Autónoma de Nuevo León (Mexico). He managed the Corporate Responsibility and Human Rights Project of the Human Rights Commission of Nuevo Leon (Mexico), a project that aims to establish a consultation mechanism on business and human rights issues for corporations, government, and civil society. Prior to this, he was a Visiting Professional at the Offi ce of the High Commissioner for Human Rights in Geneva, while also contributing on a pro bono basis with the UN Working Group on human rights and transnational corporations during the fi rst UN Forum on Business and Human Rights. He has been an external consultant on business and human rights for the International Federation for Human Rights (FIDH), and an attorney for the Ministry of Foreign Affairs of Mexico. His research focuses mainly on business and human rights issues, transitional justice, and economic, social, and cultural rights.

Astrid Sanders is an Assistant Professor of Labor Law at the London School of Economics and Political Science in the United Kingdom where she teaches labor law and employment law. She successfully completed her doctoral thesis in 2009 at the University of Oxford (Corpus Christi College) in the area of business and human rights, exploring the potential of common law alternatives to the Alien Tort Statute 1789 in the United States and the United Kingdom. She is currently working on a monograph titled “Workers and Multinational Businesses: Accountability for Violations of Labor Rights in Contract and Tort”.






Notes on Contributors xix

She has also published articles in internationally leading, generalist law journals on aspects of domestic employment law in the United Kingdom.

Atabongawung Tamo , PhD, is a postdoctoral researcher at the Institute of Social Studies – The Hague (Erasmus University Rotterdam). He specializes in international law and development. His current research is on the “Right to Development” and falls within the mandate of the Prince Claus Chair in Development and Equity. He was previously a researcher on the Globalization and Legal Theory project at the Centre for Law and Cosmopolitan Values (University of Antwerp – Belgium). Tamo has been a visiting Fellow at the European University Institute in Florence (Italy) in 2011 and the Chaire Hoover d’éthique économique et sociale (Université Catholique de Louvain – Belgium) in 2013. He is also programme coordinator at the African Foundation for International Law at The Hague, Netherlands.

Tomonori Teraoka is a doctoral student at University of Pittsburgh’s Department of Communication, and a researcher for The Coalition for Peace & Ethics. He received his Bachelor of Law (LLB) in 2010 from Tohoku University, Japan and Master of International Affairs (MIA) in 2013 from the Pennsylvania State University, where he worked on issues of transnational governance and nuclear arms control. His current research primarily focuses on comparative political cultures, legal semiotics, and the politics in East Asia.

Keren Wang is the Assistant Director for The Coalition for Peace & Ethics and a doctoral teaching fellow at Penn State University’s Department of Communication Arts & Sciences. Keren holds a master’s degree in International Affairs from Penn State University and a BA in International Area Studies from Drexel University and Sophia University in Tokyo, Japan. As a researcher, Keren’s interdisciplinary background has enabled him to employ pluralistic methods to the study of global problems, where he has engaged in a wide range of research projects involving political rhetoric, constitutionalism, transnational law, socioeconomic rights, and social movements. Prior to joining the CPE, Keren worked at University of Pennsylvania’s Wharton School of Business as the manager of the student support offi ce and as a research intern at the Global Security Institute, Philadelphia.











xxi

Acknowledgments

From Prof. Martin: There are many people who made this book possible, too many to fi t in this space. However, I would like to acknowledge the following people and groups in particular: Michael Addo, Dustin Blankenship, Gregory Bowman, Karen Bravo, Joyce McConnell, Bertha Romine, the U.N. Working Group on Business and Human Rights, Michelle Wheatley, the WVU ADVANCE Center, the participants of the WVU College of Law Conference on Business and Human Rights, my fellow Scholarly Avengers at the College of Law and Jaison – for everything.

From Prof. Bravo: I am grateful for the fi ne work and many contributions of Jena Martin, Iurie Curcic, Kristin Brockett, the Indiana University Robert H. McKinney School of Law Research fellowships, the wonderful contributors to this volume; and to Ian, Thea-Rose, and Tamsyn for patience and support.






Documents

The Business and Human Rights Landscapeassets.cambridge.org/97811070/95526/frontmatter/... · The Business and Human Rights Landscape The adoption of the United Nations Guiding Principles